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United States of America v. Calvin Lockhart

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


April 21, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
CALVIN LOCKHART, DEFENDANT.

The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM ORDER

This Court has received the attached letter from Calvin Lockhart ("Lockhart"), who is serving a 100-month sentence based on his February 2009 guilty plea to a mail fraud charge (one of 12 counts that set out a major scheme to defraud and that constituted relevant conduct for purposes of the sentence on the single count covered by Lockhart's plea agreement). This memorandum order is issued both to inform Lockhart why his request cannot be granted and to avoid any problem that might stem from the fact that the letter itself is an ex parte communication (copies of this memorandum and the letter are being transmitted to Lockhart's criminal case counsel and to the United States Attorney's office).

This Court is not permitted to enter into the areas covered by Lockhart's request. Once a criminal sentence has been imposed, Fed. R. Crim. P. 35(a) provides a very brief window of time--just 14 days--within which the sentencing court may correct the sentence (and even that is limited to narrow grounds).

Jurisdiction over the types of matters about which Lockhart writes is vested solely in the Bureau of Prisons. Accordingly this Court must deny Lockhart's requests as beyond its jurisdiction.

20110421

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